Zammit and Zammit and Anor (No 2)

This matter came before Bennett J concerning property and parenting proceedings between the applicant husband and the respondent wife, and a second respondent. The dispute involved the valuation of several real properties and the conduct of financial disclosure and evidence.

The court was required to determine the procedural steps necessary to advance the property proceedings towards a final hearing, including the appointment of a valuer for specific properties, the process for financial disclosure and document production, and the timeline for filing amended applications and affidavit material. Additionally, the court needed to address the preparation of a family assessment report concerning the children and the scheduling of a Family Dispute Resolution Conference.

Bennett J made a series of orders by consent and by the court. These orders established a framework for the valuation of specified properties, either by agreement or through a jointly appointed valuer, with costs initially borne by the applicant husband. The court also set out detailed procedures for financial disclosure, including the issuance of subpoenas and the provision of requested documents within specified timeframes. The property and parenting proceedings were bifurcated, with the property proceedings to be referred back for allocation to a different judge for final hearing. Orders were made for the preparation of a family assessment report by a nominated expert, detailing the scope of the assessment and the sharing of costs. The parties were directed to participate in a Family Dispute Resolution Conference, and provisions were made for the independent children's lawyer to provide necessary documents to the service. Further orders addressed the filing of amended applications, affidavit material, and undertakings as to disclosure, with strict deadlines imposed. The court also mandated detailed cost disclosures to clients and the provision of these disclosures to the court.